2000 (11) TMI 183 - AT - Central Excise

Tribunal Upholds Classification of Items as Conveyor Equipment under CET Act

The Tribunal upheld the Order-in-Appeal classifying items cleared in CKD condition as conveyor and material handling equipment under Heading 8428.00 of ... Conveyor and material handling equipment Issues involved: Classification of goods under Heading 8428.00 of CET Act, interpretation of Rule 2(a) of Interpretative Rules, consideration of clearances made at the factory gate for classification.Summary:1. The Revenue appealed against an Order-in-Appeal classifying items cleared in CKD condition as conveyor and material handling equipment under Heading 8428.00 of CET Act. The Commissioner considered HSN notes and previous OIA findings to support this classification. 2. The Revenue argued that each part should be separately classified, not as conveyor equipment, based on Rule 2(a) of Interpretative Rules and individual clearances made at the factory gate. 3. The Revenue's representative reiterated the appeal grounds, emphasizing classification based on clearances at the factory gate, contrary to treating them as conveyor equipment. 4. Despite the absence of respondents, the case was reviewed on its merits. 5. The Order-in-Appeal detailed why the entire system should be classified as conveyor and material handling equipment under Heading 8428.00, considering HSN notes. The appeal's argument for separate classification of parts was rejected as items were cleared in CKD condition as a complete system for transportation. 6. The Tribunal found no issues with the impugned order and rejected the appeal due to lack of merit.